Polaris IP, LLC v. Google Inc. et al

Filing 488

Unopposed MOTION to Withdraw 430 SEALED MOTION to Exclude Audrey Spangenberg from Testifying at Trial by AOL, LLC., America Online, Inc., Google Inc., Yahoo!, Inc.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Ainsworth, Jennifer)

Polaris IP, LLC v. Google Inc. et al

Doc. 488

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC F/K/A POLARIS IP, LLC, Plaintiff, v. GOOGLE INC., ET AL., Defendants. § § § § § § § § § §

No. 2:07-cv-00371-CE Jury Demanded

DEFENDANTS' UNOPPOSED MOTION TO WITHDRAW MOTION TO EXCLUDE AUDREY SPANGENBERG COME NOW Defendants Google Inc., America Online, Inc. and AOL, LLC (collectively "Google"), and Yahoo! ("Defendants") and file this motion to withdraw their currently pending motion to exclude Audrey Spangenberg from testifying at trial (Dkt.# 430) and would show the Court: 1. Based upon the representation of Plaintiff Bright Response that it will not call

Audrey Spangenberg at trial (see Exhibit 1 attached), Defendants withdraw their motion. 2. As part of this agreement, Defendants have agreed that they will not refer to

Plaintiff as a "troll." 3. This motion is not opposed by Plaintiff Bright Response.

Dockets.Justia.com

Dated: July 26, 2010

Respectfully submitted, By: /s/ Jennifer Parker Ainsworth Jennifer Parker Ainsworth TX Bar No. 00784720 WILSON, ROBERTSON & CORNELIUS, P.C. P.O. Box 7339 Tyler, Texas 75711 Telephone: [phone] Facsimile: [phone] [e-mail] Charles K. Verhoeven, CA Bar No. 170151 David A. Perlson, CA Bar No. 209502 LEAD ATTORNEY Jennifer A. Kash, CA Bar No. 203679 Rachel H. Smith, CA Bar No. 222075 QUINN EMANUEL URQUHART & SULLIVAN, LLP 50 California Street, 22nd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANTS GOOGLE INC., AOL LLC, and AMERICA ONLINE, INC.

/s/ Jennifer Doan (with permission, JPA) Jennifer Doan Joshua Reed Thane HALTOM & DOAN Crown Executive Center, Suite 100 6500 Summerhill Rd. Texarkana, Texas 75503 Tel: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail]

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William C. Rooklidge HOWREY, LLP 4 Park Plaza, Suite 1700 Irvine CA 92614-2559 Telephone: [phone] [e-mail] Jason C. White Mansi Shah Scott Sherwin HOWREY LLP 321 N. Clark, Suite 3400 Chicago, IL 60654 Tel: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] ATTORNEYS FOR DEFENDANT YAHOO! INC.

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion was served on all counsel who have consented to electronic service, Local Rule CV-5(a)(3)(A), on this the 26th day of July, 2010. /s/ Jennifer P. Ainsworth_________ Jennifer P. Ainsworth

CERTIFICATE OF CONFERENCE This is to certify that counsel for Defendants has conferred with Plaintiff's counsel concerning this motion and they do not oppose the motion. /s/ Jennifer P. Ainsworth Jennifer P. Ainsworth

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